BANKRUPTCY CODE - CHAPTER 12

BAPCPA & LEGISLATIVE REPORT LINKS (CH. 12 — CONTENTS)

BAPCPA § 1007(c)(1) • House Report 109-31 •

HISTORICAL AND REVISION NOTES (11 U.S.C. § 1201)

TERMINATION OF SECTION

For termination of reenactment of this section by section 149(a) of Pub. L. 105-277, as amended, see Repeal, Reenactment, and Termination of Chapter note below.

CODIFICATION

For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section for specific periods, see note set out preceding section 1201 of this title.

EFFECTIVE DATES

2005 Acts. Pub. L. 109-8, Title XV, § 1501, Apr. 20, 2005, provided that, except as otherwise specifically provided, all amendments, except for amendments provided in Pub. L. 109-8, Title III, §§ 308, 322, and 330 are effective 180 days after enactment of the Act on April 20, 2005 (which occurs on October 17, 2005), and are inapplicable with respect to cases commenced under Title 11 before the effective date.

Pub. L. 109-8, Title X, § 1001(a) and (b), provided as follows:

(a) Reenactment.—

(1) In Geberal.—Chapter 12 of title 11, United States Code, as reenacted by section 149 of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277), and as in effect on June 30, 2005, is hereby reenacted.

(2) Effective Date of Reenactment.—Paragraph (1) shall take effect on July 1, 2005.

(b) Amendments.—Chapter 12 of title 11, United States Code, as reenacted by subsection (a), is amended by this Act.

2004 — Pub. L. 108-369, § 2(b), Oct. 25, 2004, 118 Stat. 1749, provided that: "The amendments made by subsection (a) [amending this section, 11 U.S.C. §§ 1202 to 1208, 1221 to 1231, and provisions set out as a note under this section] are deemed to have taken effect on January 1, 2004."

2003 — Pub. L. 108-73, § 2(b), Aug. 15, 2003, 117 Stat. 891, provided that: "The amendments made by subsection (a) [amending this section, 11 U.S.C. §§ 1202 to 1208, 1221 to 1231, and provisions set out as a note under this section] take effect on July 1, 2003."

2002

Pub. L. 107-377, Sec. 2(b), Dec. 19, 2002, 116 Stat. 3115, provided that: "The amendments made by subsection (a) (amending this section and sections 1202 to 1208 and 1221 to 1231 of this title and amending provisions set out as a note under this section) shall take effect on January 1, 2003."

Pub. L. 107-171, title X, Sec. 10814(b), May 13, 2002, 116 Stat. 532, provided that: "The amendments made by subsection (a) (amending this section and sections 1202 to 1208 and 1221 to 1231 of this title and amending provisions set out as a note under this section) shall take effect on June 1, 2002."

Pub. L. 107–170, § 2, May 7, 2002, 116 Stat. 133, provided that: “The amendments made by section 1 [amending this section and sections 1202 to 1208 and 1221 to 1231 of this title and amending prov1202isions set out as a note under this section] shall take effect on October 1, 2001.”

2001

Pub. L. 107-17, § 2, June 26, 2001, 115 Stat. 151, provided that: "The amendments made by section 1 [amending this section, 11 U.S.C. §§ 1202 to 1208, 1221 to 1231, and provisions set out as a note under this section] shall take effect on June 1, 2001."

Pub. L. 107-8, § 2, May 11, 2001, 115 Stat. 10, provided that: "The amendments made by section 1 [amending this section, 11 U.S.C. §§ 1202 to 1208, 1221 to 1231, and provisions set out as a note under this section] shall take effect on July 1, 2000."

1999

Section 2 of Pub. L. 106-70 provided that: "The amendments made by section 1 [amending this section, 11 U.S.C. §§ 1202 to 1208, 1221 to 1231, and provisions set out as a note under this section] shall take effect on October 1, 1999."

Section 2 of Pub. L. 106-5 provided that: "The amendments made by section 1 [amending this section and 11 U.S.C. §§ 1202 to 1208, 1221 to 1231, and provisions set out as a note under this section] shall take effect on April 1, 1999."

Effective Date

Chapter effective 30 days after Oct. 27, 1986, but not applicable to cases commenced under this title before that date, see section 302(a), (c)(1) of Pub. L. 99–554, set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure.

Repeal, Reenactment, and Termination of Chapter

Section 149 of Pub. L. 105-277, as amended Pub. L. 106-5, § 1, Mar. 30, 1999, 113 Stat. 9; Pub. L. 106-70, § 1, Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107-8, § 1, May 11, 2001, 115 Stat. 10; Pub. L. 107-17, § 1, June 26, 2001, 115 Stat. 151; Pub. L. 107-170, § 1, May 7, 2002, 116 Stat. 133; Pub. L. 107-171, Title X, § 10814(a), May 13, 2002, 116 Stat. 532; Pub. L. 107-377, § 2(a), Dec. 19, 2002, 116 Stat. 3115; Pub. L. 108- 73, § 2(a), Aug. 15, 2003, 117 Stat. 891; Pub. L. 108-369, § 2(a), Oct. 25, 2004, 118 Stat. 1749, provided that:

"(a) Chapter 12 of title 11 of the United States Code [this chapter; 11 U.S.C. § 1201 et seq.], as in effect on December 31, 2003, is hereby reenacted for the period beginning on January 1, 2004, and ending on July 1, 2005.

"(b) All cases commenced or pending under chapter 12 of title 11, United States Code [this chapter; 11 U.S.C. § 1201 et seq.], as reenacted under subsection (a) [of this note], and all matters and proceedings in or relating to such cases, shall be conducted and determined under such chapter as if such chapter were continued in effect after January 1, 2004. The substantive rights of parties in connection with such cases, matters, and proceedings shall continue to be governed under the law applicable to such cases, matters, and proceedings as if such chapter were continued in effect after July 1, 2005.

Chapter repealed Oct. 1, 1998, except that cases commenced or pending under this chapter, and all matters and proceedings in or relating to such cases, are to be conducted and determined as if this chapter had not been repealed, and substantive rights of parties in connection with such cases, matters, and proceedings are to continue to be governed under the laws applicable to such cases, matters, and proceedings as if this chapter had not been repealed, see section 302(f) of Pub. L. 99–554, as amended, set out in an Effective Date of 1986 Amendment note under section 581 of Title 28, Judiciary and Judicial Procedure.

Section Referred to in Other Sections

This section is referred to in sections 106, 108, 348 of this title.

HISTORICAL AND REVISION NOTES (11 U.S.C. § 1202)

TERMINATION OF SECTION

For termination of reenactment of this section by section 149(a) of Pub. L. 105-277, as amended, see Repeal, Reenactment, and Termination of Chapter note set out under section 1201 of this title.

CODIFICATION

For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section for specific periods, see note set out preceding section 1201 of this title.

AMENDMENTS

2005 — Will be supplemented.

1986 — Subsecs. (c), (d). Pub. L. 99-554, Sec. 227, struck out subsecs. (c) and (d) which read as follows:

"(c) If the number of cases under this chapter commenced in a particular judicial district so warrants, the court may appoint one or more individuals to serve as standing trustee for such district in cases under this chapter.

"(d)(1) A court that has appointed an individual under subsection (a) of this section to serve as standing trustee in cases under this chapter shall set for such individual—

"(A) a maximum annual compensation not to exceed the lowest annual rate of basic pay in effect for grade GS-16 of the General Schedule prescribed under section 5332 of title 5; and

"(B) a percentage fee not to exceed the sum of -

"(i) not to exceed ten percent of the payments made under the plan of such debtor, with respect to payments in an aggregate amount not to exceed $450,000; and

"(ii) three percent of payments made under the plan of such debtor, with respect to payments made after the aggregate amount of payments made under the plan exceeds $450,000; based on such maximum annual compensation and the actual, necessary expenses incurred by such individual as standing trustee.

"(2) Such individual shall collect such percentage fee from all payments under plans in the cases under this chapter for which such individual serves as standing trustee. Such individual shall pay annually to the Treasury—

"(A) any amount by which the actual compensation received by such individual exceeds five percent of all such payments made under plans in cases under this chapter for which such individual serves as standing trustee; and

"(B) any amount by which the percentage fee fixed under paragraph (1)(B) of this subsection for all such cases exceeds—

"(i) such individual's actual compensation for such cases, as adjusted under subparagraph (A) of this paragraph; plus

"(ii) the actual, necessary expenses incurred by such individual as standing trustee in such cases."

See section 586(b) and (e) of Title 28, Judiciary and Judicial Procedure.

EFFECTIVE DATES

2005 Acts. See "Effective Date of Amendments" note set out under section 1201 of this title.

EFFECTIVE DATE

Section effective 30 days after Oct. 27, 1986, and before the amendment by section 227 of Pub. L. 99-554, see section 302(c)(2) of Pub. L. 99-554, set out as an Effective Date of 1986 Amendment note under section 581 of Title 28, Judiciary and Judicial Procedure.

Effective date and applicability of amendment by section 227 of Pub. L. 99-554 dependent upon the judicial district involved, see section 302(d), (e) of Pub. L. 99-554.

REFERENCES IN SUBSECTION (A) TEMPORARILY

DEEMED TO BE REFERENCES TO OTHER PROVISIONS

Until the amendments made by subtitle A (Sec. 201 to 231) of title II of Pub. L. 99-554 become effective in a district and apply to a case, in subsec. (a) of this section—

(1) the first two references to the United States trustee are deemed to be references to the court, and

(2) any reference to section 586(b) of Title 28, Judiciary and Judicial Procedure, is deemed to be a reference to subsec. (c) of this section, see section 302(c)(3)(B), (d), (e) of Pub. L. 99-554, set out as an Effective Date note under section 581 of Title 28.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 322, 326, 327, 546, 557, 1226 of this title.

Pub. L. 107-170, Sec. 2, May 7, 2002, 116 Stat. 133, provided that: "The amendments made by section 1 (amending this section and sections 1202 to 1208 and 1221 to 1231 of this title and amending provisions set out as a note under this section) shall take effect on October 1, 2001."

FOOTNOTES (11 U.S.C. § 1202)

42 U.S.C. § 664 & 666 •

[SIC] There are no sections 704(2), (3), (5), (6), (7) or (9). BAPCPA § 102(c)(1) inserted an "(a)" before "The trustee shall—" in the existing section 704. The probable intent is a reference to sections 704(a)(2), (a)(3), (a)(5), (a)(6), (a)(7) and (a)(9), as amended by BAPCPA § 102(c)(1). •

BAPCPA & LEGISLATIVE REPORT LINKS (11 U.S.C. § 1202)

BAPCPA § 219(c)(1)(A) • House Report 109-31 •

BAPCPA § 219(c)(1)(B) • House Report 109-31 •

BAPCPA § 219(c)(1)(C) • House Report 109-31 •

BAPCPA § 219(c)(2) • House Report 109-31 •

HISTORICAL AND REVISION NOTES (11 U.S.C. § 1203)

AMENDMENTS

2005 — Will be supplemented.

EFFECTIVE DATES

2005 Acts. See "Effective Date of Amendments" note set out under section 1201 of this title.

TERMINATION OF SECTION

For termination of reenactment of this section by section 149(a) of Pub. L. 105-277, as amended, see Repeal, Reenactment, and Termination of Chapter note set out under section 1201 of this title.

CODIFICATION

For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section for specific periods, see note set out preceding section 1201 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 106, 363, 364, 1202 of this title.

BAPCPA & LEGISLATIVE REPORT LINKS (11 U.S.C. § 1203)

BAPCPA § 1007(c)(2) • House Report 109-31 •

HISTORICAL AND REVISION NOTES (11 U.S.C. § 1204)

TERMINATION OF SECTION

For termination of reenactment of this section by section 149(a) of Pub. L. 105-277, as amended, see Repeal, Reenactment, and Termination of Chapter note set out under section 1201 of this title.

CODIFICATION

For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section for specific periods, see note set out preceding section 1201 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 363, 364, 1207 of this title.

HISTORICAL AND REVISION NOTES (11 U.S.C. § 1205)

TERMINATION OF SECTION

For termination of reenactment of this section by section 149(a) of Pub. L. 105-277, as amended, see Repeal, Reenactment, and Termination of Chapter note set out under section 1201 of this title.

CODIFICATION

For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section for specific periods, see note set out preceding section 1201 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 106 of this title.

HISTORICAL AND REVISION NOTES (11 U.S.C. § 1206)

AMENDMENTS

2005 — Will be supplemented.

EFFECTIVE DATES

2005 Acts. See "Effective Date of Amendments" note set out under section 1201 of this title.

TERMINATION OF SECTION

For termination of reenactment of this section by section 149(a) of Pub. L. 105-277, as amended, see Repeal, Reenactment, and Termination of Chapter note set out under section 1201 of this title.

CODIFICATION

For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section for specific periods, see note set out preceding section 1201 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 106 of this title.

BAPCPA & LEGISLATIVE REPORT LINKS (11 U.S.C. § 1206)

BAPCPA § 1007(c)(3) • House Report 109-31 •

HISTORICAL AND REVISION NOTES (11 U.S.C. § 1207)

TERMINATION OF SECTION

For termination of reenactment of this section by section 149(a) of Pub. L. 105-277, as amended, see Repeal, Reenactment, and Termination of Chapter note set out under section 1201 of this title.

CODIFICATION

For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section for specific periods, see note set out preceding section 1201 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1230 of this title.

HISTORICAL AND REVISION NOTES (11 U.S.C. § 1208)

AMENDMENTS

2005 — Will be supplemented.

EFFECTIVE DATES

2005 Acts. See "Effective Date of Amendments" note set out under section 1201 of this title.

TERMINATION OF SECTION

For termination of reenactment of this section by section 149(a) of Pub. L. 105-277, as amended, see Repeal, Reenactment, and Termination of Chapter note set out under section 1201 of this title.

CODIFICATION

For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section for specific periods, see note set out preceding section 1201 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 348, 365, 706, 726, 728, 1307 of this title.

BAPCPA & LEGISLATIVE REPORT LINKS (11 U.S.C. § 1208)

BAPCPA § 213(2)(A) • House Report 109-31 •

BAPCPA § 213(2)(B) • House Report 109-31 •

BAPCPA § 213(2)(C) • House Report 109-31 •

HISTORICAL AND REVISION NOTES (11 U.S.C. § 1221)

TERMINATION OF SECTION

For termination of reenactment of this section by section 149(a) of Pub. L. 105-277, as amended, see Repeal, Reenactment, and Termination of Chapter note set out under section 1201 of this title.

CODIFICATION

For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section for specific periods, see note set out preceding section 1201 of this title.

AMENDMENTS

1993 — Pub. L. 103-65 substituted "the need for an extension is attributable to circumstances for which the debtor should not justly be held accountable" for "an extension is substantially justified".

EFFECTIVE DATES

1993 — Section 3 of Pub. L. 103-65 provided that:

"(a) Effective Date.—Except as provided in subsection (b), this Act (amending this section and provisions set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure) and the amendments made by this Act shall take effect on the date of the enactment of this Act (Aug. 6, 1993).

"(b) Application of Amendment Made by Section 2.—The amendment made by section 2 (amending this section) shall not apply with respect to cases commenced under title 11 of the United States Code before the date of the enactment of this Act."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 348, 1208 of this title.

HISTORICAL AND REVISION NOTES (11 U.S.C. § 1222)

TERMINATION OF SECTION

For termination of reenactment of this section by section 149(a) of Pub. L. 105-277, as amended, see Repeal, Reenactment, and Termination of Chapter note set out under section 1201 of this title.

CODIFICATION

For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section for specific periods, see note set out preceding section 1201 of this title.

AMENDMENTS

2005 — Will be supplemented.

1994 — Subsec. (d). Pub. L. 103-394 added subsec. (d).

EFFECTIVE DATES

2005 Acts. See "Effective Date of Amendments" note set out under section 1201 of this title.

Pub. L. 109-8, Title X, § 1001(a) and (b), added section 1222(a)(2)(A) which provides a Chapter 12 plan shall provide for the full payment, in deferred cash payments, of all claims entitled to priority under section 507, unless—

(A) the claim is a claim owed to a governmental unit that arises as a result of the sale, transfer, exchange, or other disposition of any farm asset used in the debtor's farming operation, in which case the claim shall be treated as an unsecured claim that is not entitled to priority under section 507, but the debt shall be treated in such manner only if the debtor receives a discharge; or

Pub. L. 109-8, Title X, § 1001(c) provided as follows:

(c) Effective Date; Application of Amendments.—This section and the amendments made by this section shall take effect on the date of the enactment of this Act and shall not apply with respect to cases commenced under title 11 of the United States Code before such date.

1994 — Amendment by Pub. L. 103-394 effective Oct. 22, 1994, and applicable only to agreements entered into after Oct. 22, 1994, see section 702 of Pub. L. 103-394, set out as a note under section 101 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1223, 1225, 1228, 1229 of this title.

BAPCPA & LEGISLATIVE REPORT LINKS (11 U.S.C. § 1222)

BAPCPA § 213(3)(A) • House Report 109-31 •

BAPCPA § 213(3)(B) • House Report 109-31 •

BAPCPA § 213(3)(C) • House Report 109-31 •

BAPCPA § 213(4)(A) • House Report 109-31 •

BAPCPA § 213(4)(B) • House Report 109-31 •

BAPCPA § 213(4)(C) • House Report 109-31 •

BAPCPA § 1003(a) • House Report 109-31 • BAPCPA § 1003(c) contains the following uncodified provision:

HISTORICAL AND REVISION NOTES (11 U.S.C. § 1223)

TERMINATION OF SECTION

For termination of reenactment of this section by section 149(a) of Pub. L. 105-277, as amended, see Repeal, Reenactment, and Termination of Chapter note set out under section 1201 of this title.

CODIFICATION

For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section for specific periods, see note set out preceding section 1201 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1229 of this title.

HISTORICAL AND REVISION NOTES (11 U.S.C. § 1224)

TERMINATION OF SECTION

For termination of reenactment of this section by section 149(a) of Pub. L. 105-277, as amended, see Repeal, Reenactment, and Termination of Chapter note set out under section 1201 of this title.

CODIFICATION

For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section for specific periods, see note set out preceding section 1201 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 28 section 586.

HISTORICAL AND REVISION NOTES (11 U.S.C. § 1225)

AMENDMENTS

2005 — Will be supplemented.

EFFECTIVE DATES

2005 Acts. See "Effective Date of Amendments" note set out under section 1201 of this title.

TERMINATION OF SECTION

For termination of reenactment of this section by section 149(a) of Pub. L. 105-277, as amended, see Repeal, Reenactment, and Termination of Chapter note set out under section 1201 of this title.

CODIFICATION

For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section for specific periods, see note set out preceding section 1201 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 347, 1208, 1222, 1229, 1230, 1231 of this title.

BAPCPA & LEGISLATIVE REPORT LINKS (11 U.S.C. § 1225)

BAPCPA § 213(5)(A) • House Report 109-31 •

BAPCPA § 213(5)(B) • House Report 109-31 •

BAPCPA § 213(5)(C) • House Report 109-31 •

BAPCPA § 218 • House Report 109-31 •

BAPCPA § 1006(a)(1) • House Report 109-31 •

BAPCPA § 1006(a)(2) • House Report 109-31 •

BAPCPA § 1006(a)(3) • House Report 109-31 •

HISTORICAL AND REVISION NOTES (11 U.S.C. § 1226)

TERMINATION OF SECTION

For termination of reenactment of this section by section 149(a) of Pub. L. 105-277, as amended, see Repeal, Reenactment, and Termination of Chapter note set out under section 1201 of this title.

REFERENCES IN TEXT

Section 1202(c) and (d) of this title, referred to in subsec. (b)(2), was repealed by section 227 of Pub. L. 99-554, and provisions relating to appointment of and fixing percentage fees for standing trustees are contained in section 586(b) and (e) of Title 28, Judiciary and Judicial Procedure, as amended by section 113(b), (c) of Pub. L. 99-554.

CODIFICATION

For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section for specific periods, see note set out preceding section 1201 of this title.

AMENDMENTS

2005 — Will be supplemented.

1994 — Subsec. (b)(2). Pub. L. 103-394 substituted "1202(c)" for "1202(d)" and "1202(d)" for "1202(e)".

EFFECTIVE DATES

2005 Acts. See "Effective Date of Amendments" note set out under section 1201 of this title.

1994 — Amendment by Pub. L. 103-394 effective Oct. 22, 1994, and not applicable with respect to cases commenced under this title before Oct. 22, 1994, see section 702 of Pub. L. 103-394, set out as a note under section 101 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 347 of this title.

FOOTNOTES (11 U.S.C. § 1226)

[SIC] BC § 1202(c), added by BAPCPA § 219(c)(2), does not deal with the appointment of standing trustees. The reference to § 1202(c) was intended to refer to the § 1202(c) repealed by Pub. L. 99-554. See References in Text under Historical and Revision Notes (11 U.S.C. § 1226). •

[SIC] There is no BC § 1202(d). § 1202(d) was repealed by Pub. L. 99-554. See References in Text under Historical and Revision Notes (11 U.S.C. § 1226). •

BAPCPA & LEGISLATIVE REPORT LINKS (11 U.S.C. § 1226)

BAPCPA § 1502(a)(9) • House Report 109-31 •

HISTORICAL AND REVISION NOTES (11 U.S.C. § 1227)

TERMINATION OF SECTION

For termination of reenactment of this section by section 149(a) of Pub. L. 105-277, as amended, see Repeal, Reenactment, and Termination of Chapter note set out under section 1201 of this title.

CODIFICATION

For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section for specific periods, see note set out preceding section 1201 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 106 of this title.

HISTORICAL AND REVISION NOTES (11 U.S.C. § 1228)

AMENDMENTS

2005 — Will be supplemented.

2000 — Subsecs. (a), (c)(1). Pub. L. 106-518 substituted "1222(b)(9)" for "1222(b)(10)" wherever appearing.

EFFECTIVE DATES

2005 Acts. See "Effective Date of Amendments" note set out under section 1201 of this title.

Pub. L. 109-8, Title III, § 330(c) added section 1228(f), to provide that " The court may not grant a discharge under this chapter unless the court after notice and a hearing held not more than 10 days before the date of the entry of the order granting the discharge finds that there is no reasonable cause to believe that—

"(1) section 522(q)(1) may be applicable to the debtor; and

"(2) there is pending any proceeding in which the debtor may be found guilty of a felony of the kind described in section 522(q)(1)(A) or liable for a debt of the kind described in section 522(q)(1)(B)."

Pursuant to Pub. L. 109-8, Title VI, § 1501(b)(2) these additions "apply with respect to cases commenced under title 11, United States Code, on or after the date of the enactment of this Act."

TERMINATION OF SECTION

For termination of reenactment of this section by section 149(a) of Pub. L. 105-277, as amended, see Repeal, Reenactment, and Termination of Chapter note set out under section 1201 of this title.

CODIFICATION

For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section for specific periods, see note set out preceding section 1201 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 348, 523, 524, 727, 1227 of this title.

BAPCPA & LEGISLATIVE REPORT LINKS (11 U.S.C. § 1228)

BAPCPA § 213(6) • House Report 109-31 •

BAPCPA § 330(c)(1) • House Report 109-31 (§ 106) •

BAPCPA § 330(c)(2) • House Report 109-31 (§ 106) •

BAPCPA § 330(c)(3) • House Report 109-31 (§ 106) • BAPCPA § 1501 provides as follows:

(a) Effective Date.—Except as otherwise provided in this Act, this Act and the amendments made by this Act shall take effect 180 days after the date of enactment of this Act. •

(b) Application of Amendments.—

(1) In General.—Except as otherwise provided in this Act and paragraph (2), the amendments made by this Act shall not apply with respect to cases commenced under title 11, United States Code, before the effective date of this Act. •

(2) Certain Limitations Applicable to Debtors.—The amendments made by sections 308, 322, and 330 shall apply with respect to cases commenced under title 11, United States Code, on or after the date of the enactment of this Act.

HISTORICAL AND REVISION NOTES (11 U.S.C. § 1229)

AMENDMENTS

2005 — Will be supplemented.

EFFECTIVE DATES

2005 Acts. See "Effective Date of Amendments" note set out under section 1201 of this title.

TERMINATION OF SECTION

For termination of reenactment of this section by section 149(a) of Pub. L. 105-277, as amended, see Repeal, Reenactment, and Termination of Chapter note set out under section 1201 of this title.

CODIFICATION

For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section for specific periods, see note set out preceding section 1201 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1208, 1228, 1230 of this title; title 28 section 586.

BAPCPA & LEGISLATIVE REPORT LINKS (11 U.S.C. § 1229)

BAPCPA § 1006(b) • House Report 109-31 •

HISTORICAL AND REVISION NOTES (11 U.S.C. § 1230)

TERMINATION OF SECTION

For termination of reenactment of this section by section 149(a) of Pub. L. 105-277, as amended, see Repeal, Reenactment, and Termination of Chapter note set out under section 1201 of this title.

CODIFICATION

For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section for specific periods, see note set out preceding section 1201 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1208 of this title.

HISTORICAL AND REVISION NOTES (11 U.S.C. § 1231)

AMENDMENTS

2005 — Will be supplemented.

EFFECTIVE DATES

2005 Acts. See "Effective Date of Amendments" note set out under section 1201 of this title.

Pub. L. 109-8, Title III, § 1003(b) amended 1231(b) by striking "a State or local governmental unit" and inserting "any governmental unit". Pub. L. 109-8, Title III, § 1003(c) provided as follows:

(c) EFFECTIVE DATE; APPLICATION OF AMENDMENTS.—This section and the amendments made by this section shall take effect on the date of the enactment of this Act and shall not apply with respect to cases commenced under title 11 of the United States Code before such date.

TERMINATION OF SECTION

For termination of reenactment of this section by section 149(a) of Pub. L. 105-277, as amended, see Repeal, Reenactment, and Termination of Chapter note set out under section 1201 of this title.

CODIFICATION

For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section for specific periods, see note set out preceding section 1201 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 106 of this title.

BAPCPA & LEGISLATIVE REPORT LINKS (11 U.S.C. § 1231)

BAPCPA § 719(b)(4)(A) • House Report 109-31 • - 1231(a)(old) - 1231(b)(old)

BAPCPA § 719(b)(4)(B) • House Report 109-31 • - 1231(a)(new) - 1231(b)(new)

BAPCPA § 1003(b) • House Report 109-31 • BAPCPA § 1003(c) contains the following uncodified provision:

(c) Effective Date; Application of Amendments.—This section and the amendments made by this section shall take effect on the date of the enactment of this Act and shall not apply with respect to cases commenced under title 11 of the United States Code before such date.